IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,792-01
EX PARTE ERASMO GARCIA RAMIREZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W-12-12531-U(A) IN THE 291ST DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). A jury convicted Applicant of continuous
sexual abuse of a child and sentenced him to forty years in prison. The Fifth Court of Appeals
affirmed the conviction in an unpublished opinion. Ramirez v. State, No. 05-13-01514-CR (Tex.
App.—Dallas del. Oct. 30, 2014, PDR ref’d).
Applicant, through habeas counsel, raises several claims of ineffective assistance of trial
counsel. He has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466
U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). There is no
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response from trial counsel in the record provided to this Court, and there are no findings from the
trial court. In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez,
334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings
of fact. The trial court shall order Applicant’s trial counsel to respond to Applicant’s claims of
ineffective assistance by explaining counsel’s representation of Applicant, including applicable
strategy and tactical decisions. To obtain the response, the trial court may use any means set out in
TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
The trial court shall make findings of fact and conclusions of law regarding the claims raised
in the habeas application. The trial court may also make any other findings of fact and conclusions
of law it deems relevant and appropriate to the disposition of Applicant’s claims for habeas corpus
relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall be
obtained from this Court.
Filed: September 19, 2018
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Garcia Ramirez, Erasmo AKA Erasmo Garcia Ramirez
Combined Opinion